DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3182)

AIM FIRE & ELECTRICAL PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the Aim Fire & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Aim Fire & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIUPA) for approval of the Aim Fire & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The dispute centred on whether the agreement met the necessary criteria for approval under the relevant legislation.

The court was tasked with determining if the agreement was consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The primary issues included whether the agreement provided for a fair and efficient resolution of workplace issues and whether it adhered to the requirements for fair terms and conditions of employment. Additionally, the court considered whether the agreement would lead to improved industrial relations and whether it was in the best interest of the employees covered by the agreement.

In rendering its decision, the court meticulously examined the provisions of the agreement against the legislative framework. The court found that the agreement was comprehensive and provided a fair and efficient mechanism for resolving workplace disputes. It was noted that the agreement included provisions for dispute resolution, which were deemed to be in line with the legislative intent to promote fair and effective industrial relations. Furthermore, the court concluded that the agreement met the criteria for approval as it provided for fair terms and conditions of employment and was likely to benefit the employees by ensuring better workplace conditions and dispute resolution mechanisms.

The court approved the agreement, finding that it met the necessary legal standards and was in the best interests of the employees. The final order was that the Aim Fire & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved as a registered agreement under the Fair Work Act 2009.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established